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Decision Notice and FONSI for Travel Management on the Jicarilla Ranger District

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Decision Notice and FONSI for Travel Management on the Jicarilla Ranger District Decision Notice and United States Finding of No Department of Agriculture Forest Significant Impact Service Southwestern Region Travel Management on the Jicarilla Ranger District Carson National Forest The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TTY). To file a complaint of discrimination, write to USDA, Director of Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer. Printed on recycled paper – August 2010 Decision Notice and Finding of No Significant Impact for Travel Management on the Jicarilla Ranger District Carson National Forest Rio Arriba County Figure 1. Jicarilla Ranger District, Carson National Forest and current system of roads open for public motor vehicle use Decision Notice and Finding of No Significant Impact Travel Management on the Jicarilla Ranger District U.S.D.A. Forest Service Southwestern Region Carson National Forest, Jicarilla Ranger District Rio Arriba County, New Mexico Background On November 9, 2005, the Forest Service published the final regulations governing off-highway vehicles (OHVs) and other motor vehicle use on national forests and grasslands (Travel Management; Designated, Routes and Areas for Motor Vehicle Use, Federal Register/Vol. 70, No. 216/36 CFR Parts 212, 251, 261, and 295)[039].1 This Travel Management Rule (TMR) requires each national forest and grassland to designate those roads, trails, and areas open to motor vehicle use. Designation will include class of vehicle and, if appropriate, time of year for motor vehicle use. Designated routes and areas will be identified on a motor vehicle use map (MVUM). After routes have been designated and these designations have been identified on a MVUM, motor vehicle use will be prohibited off the designated system. The rule does not regulate: aircraft, watercraft, limited administrative use by the Forest Service, use of any fire, military, emergency, or law enforcement vehicle for emergency purposes, authorized use of any combat or combat support vehicle for national defense purposes and law enforcement response or emergency needs (36 CFR 212.51 (a)). These uses are managed through other means. Vehicles designed for “over the snow” use, such as snowmobiles, are also not being considered as part of this project as directed in the Travel Management Rule section 212.81. The Forest Service may authorize motor vehicle use through contract or permit specifications and to accommodate valid existing rights, such as traditional tribal cultural uses and access to mineral leases. The transportation system and motorized recreation use and management have distinctly different characteristics on the Carson National Forest (NF). The Jicarilla Ranger District (district) is located in the northwestern part of New Mexico in Rio Arriba County, over 150 miles from the Carson National Forest Supervisor’s Office in Taos, NM (Figure 1). Prior to the 1940s, grazing was the primary activity on the district. Today, natural gas production is the prevalent use and motor vehicle use is primarily to access well pads and other infrastructure used in natural gas operations. The general public primarily uses the district’s open road system during hunting seasons in the fall and late spring. While cross-country travel is currently allowed on portions of the Carson NF, it has been prohibited on the Jicarilla Ranger District since 1990 (amendment #6) and 1993 (amendment #9), when the Carson NF’s Land and Resource Management Plan (forest plan) was amended to prohibit motorized cross-country travel on the northern and southern portions of the district. [015] This decision notice considers motorized travel management on approximately 145,500 acres of the Jicarilla Ranger District in Rio Arriba County. It does not include the roads necessary to legally access natural gas leases and are not currently open to the public. 1 Source documents from the project record are incorporated by reference in this decision by showing the document number in brackets [#]. An index to the project record is included with this decision. Travel Management on the Jicarilla Ranger District, Carson NF 1 Decision Notice and FONSI Previous Decisions The Travel Management Rule directs “the responsible official may incorporate previous administrative decisions regarding travel management made under other authorities, including designations and prohibitions of motor vehicle use, in designating National Forest System roads, National Forest System trails, and areas on National Forest System lands for motor vehicle use” (36 CFR §212.50b). The previous decisions that will be incorporated into MVUM designations with no change are: • The remaining transportation system open to public motor vehicle use on the Jicarilla Ranger District designated in the 1986 Carson forest plan’s “Travel Guide and Map” and not a part of this decision. [015] • Areas on the Jicarilla Ranger District designated closed to motorized cross-country travel in the 1990 (amendment #6) and 1993 (amendment #9) forest plan amendments. [015] • The single purpose gated roads necessary for accessing gas leases and associated infrastructure not designated open to the public for motor vehicle use. Decision I have given careful consideration to the resources affected by the alternatives and have read and considered the effects discussed in the Environmental Assessment (EA) for Travel Management on the Jicarilla Ranger District and specialist reports.2 I have listened to and understood the public discourse that has resulted from the proposed action, including responses received during two separate 30-day comment periods. I also considered the existing Carson forest plan, guidance provided by law, regulation, and policy; and consultations with district and forest specialists, the USDI Fish and Wildlife Service [237, 342], and the New Mexico State Historic Preservation Officer [035, 096] . I have reviewed the project record (index attached to this decision) that shows a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. I have considered the best available science in making this decision. Based upon my review of the alternatives, their effects, comments received in response to the proposed action, and the criteria specified for consideration in the Travel Management Rule, I have decided to implement alternative 1, which will: • Close to public motor vehicle use approximately 14 miles of existing open road and associated corridors that access Jicarilla Apache Nation lands and private land from National Forest System (NFS) lands. They include portions of Forest Road (FR) 300A, 302, 303, 304, 305, 309F, 310D, 310D2, 310J, and 310J2.3 • Remove approximately 4 miles of existing 300-foot corridor4 along FR 218B, 218B3, 218B4, 218B5, 310, 310B1, 310C, 357, 357P, and 358, within portions of Mexican spotted owl and northern goshawk habitat. 2 The final Travel Management EA for the Jicarilla RD and the most pertinent specialist reports and evaluations can be accessed on the Carson National Forest’s website (go to “Projects and Plans” on left side-bar): http://www.fs.fed.us/r3/carson/ 3 These roads will be closed to the public, but will remain open to provide legal access to natural gas leases on the Jicarilla Ranger District. 4 Currently open to public motor vehicle use for camping, parking, and fuelwood gathering. 2 Travel Management on the Jicarilla Ranger District, Carson NF Decision Notice and FONSI Figure 2. Decision for north side of Jicarilla Ranger District - changes to current system of roads open for public motor vehicle use Travel Management on the Jicarilla Ranger District, Carson NF 3 Decision Notice and FONSI Figure 3. Decision for south side of Jicarilla Ranger District - changes to current system of roads open for public motor vehicle use 4 Travel Management on the Jicarilla Ranger District, Carson NF Decision Notice and FONSI Carson Forest Plan Amendment To implement the Travel Management Rule on the Jicarilla Ranger District, the Carson forest plan is amended with this decision. The MVUM will replace the forest plan’s “Travel Guide and Map.” To provide for consistency between the plan and the Travel Management Rule, my decision will change the purposes for motor vehicle use on designated 300-foot corridors from “camping, parking, and firewood gathering” to “dispersed camping and big game (elk and deer) retrieval” and change standards and guidelines noted below. This amendment is specific to the Jicarilla Ranger District. C. Forest-wide Prescriptions (Forest Plan 1986) Recreation (C. Recreation-4) Current Direction in the Forest Plan: TRAVEL GUIDE… Provide a Forest Travel Guide and Map for the public. Amended Direction in the Forest Plan: MOTOR VEHICLE USE MAP (MVUM)
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